The U.S. Occupational Safety and Health Review Commission has affirmed two workplace safety citations issued to a general contractor after the December 2020 death of a painter working on a casino construction project.
The commission, in an order dated July 3 but published Thursday, affirmed more than $27,000 in fines against The Penta Building Group LLC, a Las Vegas-based contractor who oversaw a project to build the Agua Caliente Casino in Cathedral City, California.
A worker was crushed by a felled gate at a loading dock area of the casino, which is operated by the Agua Caliente Band of Cahuilla Indians, a federally recognized Native American tribe.
Citations previously issued to a subcontractor on the project were vacated in April.
Penta was considered the controlling employer who oversaw the project.
In its decision, the commission said OSHA met its burden in establishing that Penta failed to exercise reasonable care in its efforts to identify a recognizable hazard or unsafe work condition that ultimately led to the painter’s death.
While it affirmed two citations and $27,306 in fines, the commission vacated the third citation against Penta having to do with an inadequate inspection process.
The commission said OSHA failed to prove the company didn’t have an inspection program, or that inspections were infrequent or inadequate.
The contractor was initially facing more than $40,000 in fines.